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Among the general human rights instruments, a large area has to be devoted to certain marginalised groups, including indigenous peoples, ethnic minorities, refugees, migrant workers and the poor. Among these groups, the rate of disability is higher than among the rest of the population. Whereas the concept of a special regime for certain groups has been developed during the last few years by the UN and some international instruments such as the International Covenant on Civil and Political Rights (article 27), the human rights and fundamental freedoms of marginalised people are still far away from the point which would be desirable. Furthermore, the human rights of persons with disabilities are even further away from this aim.
Section I, paragraph 24 of the Vienna Declaration and Programme of Action imposes on States the obligation to create and maintain measures for the protection of the rights of marginalised groups.
The first instrument concerning indigenous population was the Convention on the Protection and Integration of Indigenous and other Tribal and Semi-Tribal populations in Independent Countries40; however, it was ratified by less than thirty countries. The first useful International Conference of NGOs of Indigenous Issues was held in Geneva in 1977 and a second conference occurred in 1981. These two instruments can be helpful to the whole indigenous population, as well as persons with disabilities among the indigenous population. But the decisive step was the establishment of the UN Working Group on Indigenous Populations in 1988, under the auspices of the Sub-commission on the Prevention of Discrimination and Protection of Minorities of the UNHCR.
Indigenous or aboriginal people are people who were living on their lands before settlers came from elsewhere. They are descendants of those who inhabited a country or a geographical region at the time when people of different cultures or ethnic origins arrived, according to the definition of the UNHCR. A provision based on the pre-war experiences recognised the rights of persons belonging to certain minorities to maintain their culture and to have resources made available for that purpose.
The rate and risk of disability among indigenous people are higher than among the rest of the population because of their dangerous working conditions, their lower standards of living, and the poor quality of the preventive medical services available to them. Above all, disabled persons belonging to such groups do not usually have access to suitable rehabilitation services and do not receive adequate aid from the Government.
The systematic changes in diet brought about by industrial projects imposed on the population, or by emigration, makes indigenous communities increasingly dependant on others, destroys their economy, and enslaves their minds. Learning disorders are a particular source of danger to the extent that they may affect the whole population and impair its capacity to resist exploitation. Because they are different from the reset of the society, they are less protected by the Government. The problems encountered by disabled persons belonging to indigenous populations must be solved, such as: What should their legal status be within their own state, or towards other states? The following instruments should be useful towards implementing the rights of such marginalised groups.
The Vienna Declaration and Programme of Action as the final document of the World Conference on Human Rights focuses on the classical human rights questions, including persons with disabilities. Section II, paragraph 20 obliges States to ensure the full and free participation of indigenous people in all aspects of society. Additionally, States should ensure respect for all human rights and fundamental freedoms of indigenous people. It also requires legislative reform to "…assure access to these and others rights of disabled persons."
Although The Copenhagen Declaration and Programme of Action includes all people, special emphasis was placed on disadvantaged groups, such as disabled persons. Commitment 4 provides that in order to promote social integration, States should respect the rights of indigenous peoples to maintain and develop their identity, culture and interests. Furthermore, States must ensure that indigenous peoples are able to participate in the social, economic, and political life of their country. Commitment 6 requires States to recognise the right of indigenous people to education that is responsive to their specific needs, aspirations and cultures. States must also ensure that indigenous peoples have full access to health care.
The Copenhagen Declaration and Programme of Action increases opportunities for all disadvantaged groups related to social integration and accessibility to the social environment.
Ethnic minorities are a part of the so-called rendered vulnerable groups, on which the World Conference focused in a separate section. The phrase rendered vulnerable concerns the rights of persons belonging to certain groups to maintain their own institutions, language and to keep their resources. But only the groups, which want differential treatment should have the right to it. Knowing that even the United Nations was deeply split over the desirability of a system of protection of minorities, one can understand that the paradox between the will to maintain their specificity and the task for equality of treatment and rights is hard to solve, especially in relation to persons with disabilities. Ethnic minorities with disabilities have to be strongly protected, as they belong to both sorts of minorities, and as they are likely to be subject to both kinds of discrimination.
Article 27 of the International Covenant on Civil and Political Rights states that persons belonging to any kind of minority in any State shall not be denied any of their specific rights.
The Vienna Declaration and Programme of Action provides in section II, paragraph 19 that States are obliged to ensure that persons belonging to minority groups can effectively exercise all of their human rights and fundamental freedoms without any discrimination.
The Commitment 4 of The Copenhagen Declaration and Programme of Action provides that States undertake to promote and protect the rights of persons belonging to ethnic minorities.
40 Adopted by the ILO in 1957
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